sathish s (BRANCH MANAGER) 05 June 2009
We have rented our space in Feb 2008, the tenant has not paid rent from March 2008 and has also taken the rent advance back with the committment in writing in stamp paper, that he will vaccate before December 24 2008. Tenant has refused to recieve the Court notice for appearing (has not appeared 2 times) and third one is on June 9th. What if he is not appearing for the 3rd time also, if he doesnot appear can we take possesion or what is the normal procedure to be done post that
Y V Vishweshwar Rao (Advocate ) 10 June 2009
There are Arearsfo Rent You demanded to vacat eth premises & Arears of Rents -Tenant Agreed to vacate and taken back the Advance & Writtne udnertaking to Vacate by a date 2008 -Not vacated - you have issued a Statutory Notice and filed the Suit for eviction - Court Summons Served on the Deft /Tenant - not apepared in the Court - There is no Rule of 3 times Notice- Court Should Satisfy that the Summosn are properly served and the Defendnat not attended to the Court to contest the Case - it will be treated as Deft not intersted/ or/ no defendce - he will be set exparte and you will get exparte decree and after thedecre you can execute the Decree for evictiion !
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